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The defendant shall be innocent.
Reasons
1. Around November 22, 2016, the Defendant driven an E-A-car while under the influence of alcohol content of 0.108% during blood, in the five-meter section in the Seo-gu Seoul Special Metropolitan City D Building, and driving a E-A-car while under the influence of alcohol content of 0.108%.
2. Although there are differences by individual determination, the alcohol content in blood between 30 minutes and 90 minutes after drinking has reached the highest level of alcohol, and thereafter, it is generally known that the amount of alcohol content in blood has been reduced by approximately 0.08% to 0.03% per hour (average approximately 0.015%) (see, e.g., Supreme Court Decision 2013Do8640, Nov. 28, 2013). Meanwhile, as to whether the blood content in blood after drinking has reached the highest level of alcohol content after drinking, there is no yet notification by research or investigation, and it is difficult to calculate the amount of alcohol value on the ground that there is no data related thereto.
According to the evidence duly adopted and examined by the court, the Defendant, at the first place (F cafeteria), drives alcoholic beverages on behalf of the Defendant at the second place (G main points), and thereafter, drives alcoholic beverages as stated in the facts charged in the instant case at the second place (G main points) and drink alcoholic beverages at the second place. 0.108% of alcoholic content among the bloods stated in the instant facts charged at the second place is 0.132% from the breath of 0.132% from the breath of the breath of the Defendant after drinking alcohol to the second place to the second place, and thereafter, 10% of the amount of alcoholic beverages recognized by the police by the Defendant as drinking at the second place (the Defendant and the first day H are calculated at each 60ml and 140ml per week at the second place, and 20% of the amount of alcoholic beverages measured by the Defendant and the police officer at 10.20% of the 20% b.4% of the b.4% of the b.
However, according to the following circumstances acknowledged by the evidence duly adopted and investigated by this Court: